WORLD TRADE  
ORGANIZATION   
G/TBT/N/EEC/384 
20 July 2011  
 (11-3617) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission 
EU-TBT Enquiry Point Fax:  +(32) 2 299 80 43 E-mail:  mailto:eu-tbt@ec.europa.eu  
Website:  http://ec.europa.eu/enterprise/tbt/   
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Infant-formulae, follow-on 
formulae, processed-cereal ba sed foods and other baby foods , foods for special medical 
purposes. 
5. Title, number of pages and language(s) of the notified document:  Proposal for a 
Regulation of the European Parliament and of  the Council on food intended for infants and 
young children and on food for special medical purposes (28 pages, in English).      
6. Description of content:  The proposal revises th e legislation on foods tuffs for particular 
nutritional uses (dietetic foods).  The proposal  repeals Directive 2009/39/EC and abolishes the 
concept of dietetic foods.  A number of the ca tegories of foods currently covered by Directive 
2009/39/EC will be in the future solely cove red by other already existing pieces of food 
legislation.  However, for foods intended to vulnerable groups of the population who need 
particular protection –namely infants and y oung children up to three years old and people 
with specific me dical conditions, the proposal strengthens  and clarifies the current provisions 
applying to these foods. It does so by mainta ining the existing composition and labelling rules 
applicable to infant-formulae, follow-on form ulae, processed-cereal based foods and other 
baby foods and foods for special medical purposes .  Further, the proposal establishes a single 
EU list of substances (vitamins,  minerals and other substances), instead of three, that can be 
added to these foods.  The new framework will result in less administrative burden, more 
clarity and consistency within the EU and consequently allow for more flexibility for the evolving, innovative food market. No products wi ll have to be withdrawn from the market, 
only the re-labelling of certain products might be  necessary.  A two-year transitional period is 
foreseen to reduce potential associated costs.  G/TBT/N/EEC/384 
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  7. Objective and rationale, including the na ture of urgent problems where applicable:  
After more than 30 years of application, th e evolution of both the food market and food 
legislation makes an overall re vision of Directive 2009/39/EC nece ssary.  The majority of the 
provisions laid down in that Directive date back to 1977.  The main aim of the proposal is to 
ensure appropriate consumer information fo r specific foods and good functioning of the 
internal market by ensuring that similar pr oducts are treated in th e same way across the 
Union.  The provisions adopted in and under Directive 2009/39/EC that have become 
unnecessary, contradictory and pot entially conflicting with more  recently adopted pieces of 
legislation will be removed.  The nationa l administrative procedures following the 
implementation of the general notification procedure will be abolished reducing the 
associated administrative burden.  
8. Relevant documents:   Directive 2009/39/EC of the European Parliament and of the Council 
of 6 May 2009 on foodstuffs intended for partic ular nutritional uses;  Commission Directive 
2006/141/EC of 22 December 2006 on infant form ulae and follow-on fo rmulae, Commission 
Directive 2006/125/EC of 5 Decem ber 2006 on processed cereal-b ased foods and baby foods 
for infants and young children;  Commission Di rective 96/8/EC of 26 February 1996 on foods 
intended for use in energy-restricted diets for weight reduction, Commission Directive 1999/21/EC of 25 March 1999 on diet ary foods for special medica l purposes and Commission 
Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of 
foodstuffs suitable people intolerant to glut en.  Commission Regulation (EC) No 953/2009 of 
13 October 2009 on substances that may be added for specific nutritiona l purposes in foods 
for particular nutritional uses 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2009:124:0021:0029:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2006:401:0001:0033:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2006:339:0016:0035:EN:PDF  
"http://eur-
lex.europa.eu/Notice.do? val=344297:cs&lang=en&list=344297: cs,&pos=1&page=1&nbl=1
&pgs=10&hwords=&checktext e=checkbox&visu=#texte " (OJ L 55, 6.3.1996, p. 22.) 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:1999:091:0029:0036:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2009:016:0003:0005:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2009:269:0009:0019:EN:PDF  
The new proposal and all rele vant associated documents a nd pieces of legislation are 
available on the following webpage:  
http://ec.europa.eu/food/food/labell ingnutrition/nutritional/index_en.htm    
9. Proposed date of adoption:   
Proposed date of entry into force:    Earliest date of  adoption: end 2012 
Entry into force 20 days after the adoption (2 year transitional period foreseen in Article 18 
10. Final date for comments:  90 days from date of notification  G/TBT/N/EEC/384 
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  11. Text available from:  National enquiry point [  ], or address, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
European Commission 
EU-TBT Enquiry Point Fax:  + (32) 2 299 80 43 E-mail:  mailto:eu-tbt@ec.europa.eu  
The text is available on the EU-TBT Website :  http://ec.europa.eu/enterprise/tbt/  
And can be downloaded at: 
http://members.wto.org/crnatt achments/2011/tbt/EEC/11_2330_00_e.pdf